To ask the Minister for Infrastructure whether any requirement can be imposed to require reinstatements to be on a like-for-like basis, utilising original materials, following road openings undertaken by utility companies.

The Street Works (Northern Ireland) Order 1995 (the Order) forms the legislative framework for street works by statutory undertakers. The Order requires the undertaker, when reinstating a street, to comply with such requirements as may be prescribed in relation to the specification of materials to be used and the standards of workmanship to be observed. These requirements have been prescribed in the Specification for the Reinstatement of Openings in Roads (2nd Edition), a code of practice approved by the Department under Article 31 of the Order.

In general, surface materials are replaced on a like for like basis, particularly where bituminous materials already exist. However, flagged areas can present a range of problems. There are many old flagged footways with cracks or which have been broken prior to utility works taking place. Historically my Department has provided replacement flags free of charge to utility companies to facilitate reinstatement on a like for like basis. However, supplying replacement flags to utility companies represents a considerable funding commitment and experience to date indicates this does not represent good value for money as flags quickly become damaged and broken again.

My officials are of the opinion that rather than investing in concrete flags, the funding would be better allocated towards footway resurfacing as part of a planned works programme. Footways affected by utility works will therefore be considered for inclusion in future programmes of work. In the meantime Utility companies have been permitted to use bituminous materials to reinstate trench openings made in flagged footways to return the footway to a safe and serviceable standard.

If a utility company does not reinstate the footway in a satisfactory manner, my officials apply the appropriate procedures for inspection of reinstatements and for dealing with reinstatement failures as set out in the Northern Ireland Road Authority and Utilities Committee (NIRAUC) Code of Practice for Inspections.